UMESH KUMAR SINGH Vs. VAISHALI KSHETRIYA GRAMIN BANK

JUDGEMENT

(1.) In the instant petition, petitioner has sought for following relief/reliefs:

(2.) Petitioner while working as a Branch Manager of Vaishali Kshetriya Gramin Bank respondent herein placed the petitioner under suspension for the alleged misconduct and he was subjected to disciplinary proceedings. The charges are as under :"1. The amount received from customers on different dates for deposit in their accounts were not accounted for in the Bank's Cash. The Amount was duly posted in the Pass Book as well as in the Ledger but it was not recorded in the Cash Receipt Register of the Branch. The amount of Cash thus received was pocketed by Mr. Singh for his personal undue gains. For example:-

(3.) The petitioner had submitted his say to the article of charges in the matter. Disciplinary authority dissatisfied with petitioner's explanation proceeded to hold a inquiry and concluded in imposition of penalty of dismissal from service. The petitioner submitted that he had preferred appeal before the Appellate Authority on 15/2/2001 and it is disputed by the learned counsel for the respondent bank stating that no material information has been placed on record to show that appeal was presented by the petitioner on 15/2/2001, therefore, one has to draw inference that such a statement made by the petitioner that he had preferred an appeal cannot be entertained in the absence of material information provided. Even though writ petition is not maintainable in view of the fact the petitioner had not exhausted statutory appeal before the Appellate Authority, at the same time one cannot ignore the fact that the present petition is admitted and listed for hearing. In such a situation question of resorting the petitioner to approach the Appellate Authority is not warranted.